The defendant gave evidence that his duties last Saturday were to regulate motor cars and disperse people. A @rowd gathered near the Race Club fence, which was a prohibited area during race meetings. Witness went to disperse them and they all moved away except the complainant. Witness twice ordered him to move on, but he refused to go and so witness pushed him away. Cemplainant then struck him on the chest and, in witness' opinion, things were looking black for him, so he drew his baton and struck the man on the thigh, after which he arrested the complainant and took him to Sinza Police Station.
Witness' instructions on joining the force were never to use the baton except in self-defence. He considered he was justified in using it on this occasion and he was careful not to hit the man on the head or any vital part of the body.
Answering the Magistrate, witness said that the complainant showed' him a servant's ticket of admission to the Race Course and witness intimated that he could go back there. This he would not do, but endeavoured to keep a place up against the fence and this witness could not allow. Witness coulld not arrest him without striking him, as things looked too threatening.
The Magistrate.—And that. made a difference?—Yes, it cooled him down considerably.
You did not hit him because you aware annoyed with him?—No, sir, I never lose my temper.
On being told that there was a cross-summons against the complainant at the Mixed Court, the Magistrate said that he could not understand why the case had not Deen regarded more seriously. A white constable was assaulted whilst oh duty and yet a Chinese was allowed out, with the possibility of not being found again. It would seem that he ought to have been arrested.
The Magistrate.—Did he presume on the fact that he was Mr. Burkill's chauffeur? Mr. Burkill, we all know, won the ampions and there must have been a lot of joy about that.
Defendant.—I. had not the slightest idea who he was.
P. OG. Dudiley gave corroborative evidence up to the point where the defendant was struck by the complainant, but said that ko did not see any more, as his attention was diverted by a number of Japanese who were trying to get into the enclosure without tickets.
Tuoucar He Ownep THE Station.
P. S. Morgan said that when the complainant was brought to ihe to the defendant having been struck first, and, after considering all the facts, witness did not think it necessary to do more than severely caution the complainant and release him. Mr. Burkill had made a telephonic inquiry, so witness knew, if the man was wanted again, they could get him. Had witness known that complainant actually struck the officer, he would have charged him.
The Magistrate—What was the complainant's attitude?—He scem-
him.
to think the station belonged to The Magistrate—Their attitude is well known when their masters are in a responsible position. Did he presume on the fact that he was Mr. Burkill's chauffeur?—Yes,_ sir, he did.
The Magistrate said that this cleared up a misunderstanding which seemed to exist. Had P. Morgan known the officer had been assaulted, he would have gone farther than he did.
Witness.—The charge preferred against the complainant was of disobeying the lawful orders of the police.
Text read from the printed page and cleaned; old type leaves the occasional error.